§ 101511. Authority of Secretary

554 words·~3 min read·/usc/title-54/section-101511

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(a)Roads and Trails in System Units.— The Secretary may construct, reconstruct, and improve roads and trails, including bridges, in System units.

(b)Approach Roads.—

(1)In general.—

(A)Designation.— When the Secretary determines it to be in the public interest, the Secretary may designate, as System unit approach roads, roads whose primary value is to carry System unit travel and that lead across land at least 90 percent owned by the Federal Government and that will connect the highways within a System unit with a convenient point on or leading to the National Highway System.

(B)Limit on length of approach roads.—

(i)In general.— A designated approach road shall not exceed—

(I)60 miles in length between a System unit gateway and a point on or leading to the nearest convenient National Highway System road; or

(II)30 miles in length if the approach road is on the National Highway System.

(ii)County limit.— Not to exceed 40 miles of any one approach road shall be designated in any one county.

(C)Supplementary part of system unit highway system.— An approach road designated for a System unit shall be treated as a supplementary part of the highway system of the System unit.

(2)Construction, reconstruction, and improvement.—

(A)In general.— The Secretary may construct, reconstruct, and improve approach roads designated under paragraph

(1)(including bridges) and enter into agreements for the maintenance of the approach roads by State or county authorities or to maintain the approach roads when otherwise necessary.

(B)Annual allocation.— Not more than $1,500,000 shall be allocated annually for the construction, reconstruction, and improvement of System unit approach roads.

(3)Approval of secretary of agriculture required.— When an approach road is proposed under this section across or within any national forest, the Secretary shall secure the approval of the Secretary of Agriculture before construction begins.

(c)Agreement With Secretary of Transportation.— Under agreement with the Secretary, the Secretary of Transportation may carry out any provision of this section.

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3130.)

In subsection (a), the text of 16 U.S.C. 8b (last proviso) and the words “in the administration of the National Park Service” in 16 U.S.C. 8 are omitted as unnecessary.

In subsection (b)(1)(A), the words “at least 90 percent” are substituted for “wholly or to the extent of 90 per centum” to eliminate unnecessary words. The words “National Highway System” are substituted for “Federal 7 per centum highway system” to reflect the current name of the system. See 23:101(a)(16).

In subsection (b)(2)(A), the words “during the fiscal years 1950 and 1951” and the text of 16 U.S.C. 8b (words after semicolon and before 1st proviso) are omitted as obsolete.

In subsection (c), the words “Secretary of Transportation” are substituted for “Secretary of Commerce” because the functions of the Secretary of Agriculture relating to Public Roads Administration were transferred to the Federal Works Administrator by Reorganization Plan No. 1 of 1939 (5 App. U.S.C.) and subsequently to the Administrator of General Services by section 103 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380) and the Secretary of Commerce and Secretary of Transportation by Reorganization Plan No. 7 of 1949 (5 App. U.S.C.), as amended by section 2(b) of Public Law 97–449 (96 Stat. 2439).

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